STAND. COM. REP. NO. 1618
Honolulu, Hawaii
, 2005
RE: S.B. No. 738
S.D. 1
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Finance, to which was referred S.B. No. 738, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM,"
begs leave to report as follows:
The purpose of this bill is to allow the Board of Trustees of the Employees' Retirement System (ERS), under certain circumstances, to compromise or settle claims or potential claims for benefits by ERS members who detrimentally rely on erroneous information provided by ERS. A compromise or settlement would be allowed with the approval of the Attorney General (AG) and under the following circumstances:
(1) The claim arises from a written representation made to a member concerning the member's eligibility for ERS benefits;
(2) The representation was made by an authorized ERS employee and was erroneous as to the amount or class of credited service to which the member was entitled;
(3) The member retired or terminated employment or membership in ERS in good faith and reasonable reliance on the representation; and
(4) The settlement or compromise would prevent manifest injustice.
The Board of Trustees of ERS, Department of the AG, and Hawaii State Teachers Association supported this bill. The Department of Human Resources of the City & County of Honolulu submitted comments.
Your Committee has amended this bill by changing its effective date to July 1, 2010, to encourage further discussion.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 738, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 738, S.D. 1, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ DWIGHT TAKAMINE, Chair |
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